California Court of Appeal Vacates Conviction Because Generic Immigration Consequences Warning Insufficient for Defendant to Understand Mandatory Immigration Consequences as a Result of Guilty Plea by David Reutter by David M. Reutter The Court of Appeal of California, Third Appellate District, reversed a defendant’s 2010 conviction for possession for sale …
California Court of Appeal: Defendant’s ‘Novel Interpretation’ of Pen. Code § 1203.01 Entitles Him to Have Trial Court Consider Motion to Correct Post-Judgment Record 40 Years After Conviction Final by Douglas Ankney by Douglas Ankney The Court of Appeal of California, First Appellate District, ruled that Glenn Douglas Crites was …
The Government's Use of Altered Evidence and False Testimony by FBI Personnel to Secure and Illegal Conviction, Aug 2022 Tully & Weiss Retired Attorneys at Law 713 Main Street, Martinez, CA 94553 FIAT JUSTIT IA RUA! CAELUM Phone: (925) 229-9700 * fax: (925) 231-7754 The Government’s Use of Altered Evidence …
Mays v. County of Sacramento, CA, Filing of Environment of Care Expert Report, Conditions of Confinement, 2022 Case 2:18-cv-02081-TLN-KJN Document 157 Filed 08/17/22 Page 1 of 35 1 2 3 4 5 LISA A. TRAVIS, County Counsel RICK HEYER, Supervising Deputy County Counsel [State Bar No. 216150] COUNTY OF SACRAMENTO …
Estate of Thomas Barbosa v. Shasta County, CA, Deposition of Rod Englert, Wrongful Death, 2022 Deposition of Rod Englert August 16, 2022 Volume I Barbosa vs. Shasta County www.aptusCR.com I 866.999.8310 Volume I Rod Englert Barbosa vs. Shasta County Page 1 ·1· ·2· ·3 ·4· · · ·5· · · …
San Francisco DA’s Inaugural Innocence Commission Frees Its First Victim of Wrongful Conviction by Keith Sanders by Keith Sanders In April 2022, Joaquin Ciria was exonerated after being wrongfully convicted of killing Felix Bastarrica in 1991. The 61-year-old Ciria, who maintained his innocence from the beginning, became the first person …
California Court of Appeal: New Law Requiring Bifurcated Trial on Gang Enhancements Applies Retroactively by David Reutter by David M. Reutter The Court of Appeal of California, Sixth Appellate District, held that Assembly Bill No. 333, which changed the law on gang-related offenses, applies retroactively. The Court’s opinion reversed the …
California Court of Appeal: Exclusion of Expert Witness at SVP Trial as Remedy for Discovery Violation Constitutes Denial of Constitutional Due Process by David Reutter by David M. Reutter The Court of Appeal of California, Fourth Appellate District, concluded that a trial court erred by excluding the defense’s only expert …
California Court of Appeal: Assembly Bill 124 Applies Retroactively and Includes Psychological Trauma Based Upon Mental Illness as Mitigating Factor Under § 1170(b)(6) by Harold Hempstead by Harold Hempstead On April 8, 2022, the Court of Appeal of California, Fifth Appellate District, held that Assembly Bill No. 124 (2021-2022. Reg. …
Luttreel v. Hart, CA, Order Granting in Part and Denying Part Dft's Motion for Summary Judgment, Sexual Assault, 2022 Case 5:19-cv-07300-EJD Document 111 Filed 07/19/22 Page 1 of 15 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 TYLER LUTTRELL, 8 …
‘Freedom Commons Academy’ Provides Former Prisoners Housing and Structured Re-entry Services in Syracuse by Casey Bastian by Casey J. Bastian Phyllis Riles’ daily life is the embodiment of her favorite Gandhi quote: “Where there’s love, there’s life.” Such a belief is the place from which her life’s work at the …
News in Brief by California: The Daily News reported that two former police officers from Fullerton and Anaheim were indicted on counts of kidnapping while working illegally as bounty hunters. The former officers were Rodger Corbett, 49, formerly of the Fullerton PD and Kevin Pedersen, 34, formerly of the Anaheim …
California Court of Appeal: Gang Enhancements Remanded for Retrial Under AB 333; Sameness Requirement Satisfied by The court of appeal of California, Fifth Appelate District, struck gang and firearm enhancements based upon the retroactive application of Assembly Bill 333 (2021–2022 Reg. Sess.)(“AB333”). The Court also concluded that retrial of the …
California Supreme Court Announces Uncharged Lesser Firearm Enhancement May Be Substituted Under § 12022.53 by Mark Wilson by Mark Wilson The Supreme Court of California held that sentencing courts have the authority to strike a firearm enhancement and substitute a lesser uncharged statutory enhancement. California Penal Code § 12022.53, the …
California Supreme Court Announces Conspiracy to Commit Home Invasion Robbery Not Subject to Enhancement to Indeterminate Life Sentence Under Penal Code § 186.22(b)(4) by Matthew Clarke by Matt Clarke The Supreme Court of California held that conspiracy to commit home invasion robbery is not subject to enhancement to an indeterminate …
Shidler v. County of San Bernardino, CA, Settlement, Wrongful Death, 2022 Tammy Shidler and Gary Shidler, et al. v. County o/San Bernardino, et al. Case No. 5: l 9-cv-00503-AB-SHK SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Settkment Agreement and Rcle:Jse (hercinaHer "Ag1·eement") is intended to constitute an enforceable contract …
What Happened When Oakland Tried to Make Police Pay For Misconduct Decades Ago by Akintunde Ahmad In the ’90s, the city passed a policy requiring the police department to pay some of their own legal costs. There’s no evidence that the department ever paid up. by Akintunde Ahmad, The Appeal …
News in Brief by News in Brief Britain: A court hearing at London’s highest legal body is scheduled for late June 2022, The Guardian reported. It will concern a lawsuit brought against the City of London police for allegedly wrongfully tasering a Black man on April 7, 2018. Case was …
Ninth Circuit Holds Statute Criminalizing Encouraging or Inducing Alien to Reside in U.S. Is Overbroad and Facially Unconstitutional by Mark Wilson by Mark Wilson THE U.S. COURT OF APPEALS FOR THE Ninth Circuit held that a federal law, 8 U.S.C. § 1324(a)(1)(A)(iv), that criminalizes encouraging or inducing an alien to …
California Court of Appeal: Trial Court Violated Humphrey by Setting High Bail Without Considering Financial Condition of Defendant or Nonfinancial Conditions of Release by Matthew Clarke by Matt Clarke The Court of Appeal of California, Second Appellate District, held the trial court erred by setting bail at an amount it …
